Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Lanjekar for pltff present and tendered registered NM No.340/18 alongwith
affidavit in support. TOR.
ORDER IN NM 340/18
Heard LC for plaintiff. This is application for restoration of the suit which was
dismissed during the stage of removal of objection. LC for plaintiff submitted that
the plaintiff is now ready to remove all the objections and prayed for restoration.
As the matter was dismissed at the stage of institution, it is not necessary to
issue notice to the defendants. Because of the inability of the plaintiff to pay the
stamp duty, her right should not be frustrated. So also, the litigant can not be
denied right to litigate for inadvertent negligence or mistake on his part or of
advocate. Therefore, an opportunity is required to be given to the plaintiff to
remove the objections. Hence, application deserves to be allowed but subject to
payment of the costs to be imposed on the plaintiff for negligency on his part.
Hence following order.
ORDER
1. NM 340/18 is allowed.
2. The unregistered suit (Stamp no.3600/17) is restored, subject to payment of
Rs.3,000/- to be deposited by plaintiff with the office of Legal Aid within a week
from the date of this order.
3 Plaintiff is directed to remove the remaining office objections, if any, within 14
days from the date of this order.
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